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Tim B

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  1. My wife has applied to have the stay removed from her case against Barclays. The case was stayed on the Courts own initiative. We're due to go for a hearing about this application on Friday 2/11/2007. Unfortunately we can't really rely on the hardship angle. One angle that we emphasised in the application for removal of the stay was that Barclays had previously failed to file an allocation questionnaire, and we had requested Judgement on 11 July 2007, more than two weeks before that case was actually stayed by the Judge. I'm wondering whether anyone has successfully applied for a stay to be lifted in similar circumstances? Does the likelihood of success warrant the loss of income (I will need to accompany my wife to court, which will cost us about £200 in lost earnings)? Do we need to attend the hearing? Can we request for it to be heard in our absence? If we decided to withdraw the application for the stay to be removed, would a letter to the court be sufficient? Thanks in anticipation...
  2. Thanks for getting back to me. It doesn't actually mention the OFT, but I think it is related to the OFT case. The wording is as follows: Some preamble about which judge/court made the order. Then... "Upon the Courts own initiative The Claim is stayed until further order and pending the decision in the High Court as to whether the charges amount to a penalty or are unlawful." Liberty to either party to apply for the removal of the stay. A party affected by this order may withing 7 days of service of it upon him apply to the Court to have it set aside, varied or stayed."
  3. Ok, so my wife's claim against Barclaycard has been stayed by the judge "on the Courts own initiative". Have other people had credit card claims stayed? Should credit card claims be caught by the OFT case? We had got to the the stage of submitting an allocation questionnaire. Does anyone have an suitable update to the "application for a stay to be removed" on the board which is more relevant to credit cards? I'm thinking of a adding a new paragraph to the start of the wording given on the board. Something like: "The Claimant relies upon the following grounds: The Agreement of 27th July 2007, made between the Office of Fair Trading and the Banks relates to the Banks personal current accounts and not credit card accounts. As a claim for recovery of unlawful credit card changes, my claim should not be impacted by the impending OFT high court action relating to personal current accounts." Does this sound ok? Or if anyone has anything better please post... When applying to have the stay set aside do I just send the letter to the Court? Or is there a Court form that needs to be completed? I have until the 9th July to apply to have it set aside. Any guidance would be gratefully received... Thanks...
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